Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes
Good afternoon,
I have a rental property Pennsylvania, the tenant contacted me after moving out to pick up belongings left behind on day 2 after leaving the property. In PA if they contact you within the first 10 days I am now required to hold the belongings for up to 30 days. Additionally, in PA I am required to return the security deposit or provide list of deductions by 30 days. So my question is the following:
If they have 30 days to pick up belongings (which are a ton of items for example: 6 beds, dressers, fridge, tv's microwave, 10 bags full of clothing, toys, bikes etc) and let's say they wait till day 30 because we are already on day 25 to pick up or not that puts me in a pinch with getting them the refund or list of deductions because I have to wait a full 30 days so that means I would be mailing it on day 31? so would I be penalized and would be risking getting taken to court?
anyone ever had this type of situation happen to them? best way to handle it? any advice?
Real Estate Agent · Pottstown, PA · Member since 2015 · 10 posts · 5 votes
5y
In PA if a tenant requires the landlord to store their belongings for up to thirty days they are responsible for the landlord's costs.
Are the belongings still in the rental? If you wanted to get them out of the rental to get it ready for your next tenant you could pay someone to move them to some self-storage place pay for a month and leave it to the tenant to have to come get it. Any costs you have in doing would be tenant responsibility so you could take that out of the security deposit. After thirty days the property is considered abandoned and you could do whatever you want with it whether that be you dispose of it, give it away or sell it. If you were to sell it, I'd escrow the money for 30 days to protect yourself from the claim of misuse.
I'm not a lawyer but this is my understanding after reading Pennsylvania Tenant-Landlord law. Your tenant just can't use you as free storage for 30 days.
I'd talk to the tenancy board. You should be able to charge them for 1 month storage at a storage locker plus the cost to get the items there. Add in disposal of items if they are not picked up and tell them that amount is refundable upon pick up at the specified date and time.
Real Estate Agent · Pottstown, PA · Member since 2015 · 10 posts · 5 votes
5y
In PA if a tenant requires the landlord to store their belongings for up to thirty days they are responsible for the landlord's costs.
Are the belongings still in the rental? If you wanted to get them out of the rental to get it ready for your next tenant you could pay someone to move them to some self-storage place pay for a month and leave it to the tenant to have to come get it. Any costs you have in doing would be tenant responsibility so you could take that out of the security deposit. After thirty days the property is considered abandoned and you could do whatever you want with it whether that be you dispose of it, give it away or sell it. If you were to sell it, I'd escrow the money for 30 days to protect yourself from the claim of misuse.
I'm not a lawyer but this is my understanding after reading Pennsylvania Tenant-Landlord law. Your tenant just can't use you as free storage for 30 days.
Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes
5y
I agree Zachary but I don't want to pay someone to move the belongings and then pay to have them in storage for a month as there is a trendemous amount of items to be moved to storage and to deduct from security deposit so it will not cover the storage fees and I would have to pay it upfront correct? but how about the refund of the security deposit if any, in PA we only have 30 days to do so, how would I accomplish that if the tenant has 30 days to pick up belongings which would then put me at 31 days to refund or send letter of deductions then i'm at risk of being sued?
Real Estate Agent · Pottstown, PA · Member since 2015 · 10 posts · 5 votes
5y
@Linda Thomas I'm not sure if you're having to deduct for damages to the property but you should be able to take whatever is left of it and use that towards your costs to move and store. If it costs more than the security deposit to do that, well that's part of being a landlord. If this is your situation you could then send the list of deductions that would show damages to the property and costs related to moving and storing your former tenants belongings. And if 30 days pass and they still haven't picked up their stuff their property is considered abandoned and you could sell it to recoup your costs if they end of costing you money. If this is your situation you shouldn't be able to be sued as you followed the law.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
5y
@Linda Thomas
I would consider them moved out when their things are removed. That’s when the 30 day count starts. They would be charged rent until then as well. How can you inspect for damages in a house full of stuff?